CC Resolution No. 4304.06 , YJJML:KIJ:v 10-27-76
T1- 9-?6
RESOLUTION N0. 4304.6 ~ ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO CALLING FOR SEALED PROPOSALS AND
FIXING LI~UIDATED DAMAGES FOR FAILUR.E T0 COhiPLETE
THE WORK WITHIN TIME SPECIFIED ~
NOftTH DE ANZA BOULEVARD
ASSESSMENT DISTRICT N0. ?6-14 ~ ~
RESOLVED, by the City Council of the City of Cupertino,
California, that ~
WHEREAS, tne City Council did, o~ the 2nd day of November,
. 1976, adopt its Resolution of Intention No. 4304 to order~the ac-
quisition of lands and easements, relocation of street as cul-de-sac
and the wideninb and improving of streets by grading, removal of
trees, bushes and existing structures and the construction of base
pavement, wearing surface, Portland cement concrete curbs and gutters,
storm drain pipes and appurtenances, underground electric, gas and
telephone facilities and appurtenances, bus stop shelter, landscap- ~
ing and irrigation improvements, street and traffic signa.lization,
water mains, vaTves, hydrants a.nd appurtenances and all auxiliary work ~
appurtenant thereto in said City, all as more particularly described .
and set forth in said Resolution of Intention;
NOW, THEREFORE, the City Clerk is hereby directed to ~
publish once a week for two weeks in the Cupertino Courier,
a newspap.er published and circulated in said City, a notice invit-
ing sealed proposals or bids for the construction of said improve-
ments, and referring to the plans and specifications on file in
the office of said City Clerk, the first publication of which ~
notice shall be at least fourteen days prior to the time fixed for
opening bids.
All proposals or bids shall be accompanied by cash, a ~
cashier's or certified check payable to the order of the City Clerk
amounting to ten percent of the bid, or-by a bond in said amount
and payable to said Clerk signed by the bidder and a corporate
surety or by the bidder and two sureties who shall justify before ~
any officer competent to administer an oath, in double said amount
a.nd over and above all statutory exemptions. The amount so posted
shall.be forfeited to said Clerk in case the bidder depositing the
same does not, within fifteen days after written notice that the
contract has been awarded to him, enter into a contract with the
City. ~
It is hereby determined that in the event. the. con~tractor, .
contracting owners included,.does not complete the work within the
time limit specified.in the proposed contract or within such further
time as this Council shall have authorized, the con_tractor or con-
tracting owners, as the case may be, shall pay to the City liquidated
damages~in the amount of
~ Fifty dollars • ) per day for
• each and every day's delay in finishing the-work beyond the comple-. ~
tion date specifie~d in said contract. Additional provisions.with
regard to said time of completion and liquidated damages are set ~
~
forth in the specifications, which provisions are hereby referred
to and incorporated herein by reference. .
Said sealed proposals or bids shall be delivered to the
City G~lerk on.or before ~ 2:00 o'clock. P.M. on the 15th
day of December , 1976, said time being no.t less than
fourteen days from the time of the first publication of said.notice.
Bids will be publicly opened, examined and declared on said day
an d hour .
PASSED AND ADOP~ED at a regular.meeting of the City Council
of the City of Cupertino this 16th day of November, 1976, by the .
fbllowing vote:
Vote Members of the City Council -
AYES: Frolich, Jackson, Nellis, 0'Keefe, Meyers
NOES : None
ABSENT : None
ABSTAIN: None . .
APPROVED: -
' /s/. Robert W. Meyers
Mayor, City of Cupertino
ATTEST: ~
/s/ Wm. E. Ryder.
City Clerk
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